ADU Owner Occupancy: Glendale vs Tempe
How do adu owner occupancy rules compare between Glendale, AZ and Tempe, AZ?
Glendale and Tempe have similar restriction levels.
Glendale, AZ
Maricopa County
Glendale may not require owner-occupancy as a condition of building or operating an accessory dwelling unit. Arizona Ariz. Rev. Stat. section 9-461.18 (HB 2720) preempts owner-occupancy mandates for cities over 75,000 population. Glendale's December 10, 2024 amendments to the Uniform Development Code (Chapter 35) implement the state preemption. Investor-owned ADUs are permitted on single-family lots.
View full Glendale rules →Tempe, AZ
Maricopa County
Tempe does not require owner occupancy for ADUs. Arizona HB 2720 (ARS 9-461.18) prohibits cities over 75,000 population from conditioning ADU permits or use on owner occupancy. Both the primary residence and the ADU may be rented to separate tenants. HOA CC&Rs in Tempe's smaller HOA communities (The Lakes, Warner Ranch, Circle G Ranches) may still impose occupancy restrictions subject to ARS 33-1817.
View full Tempe rules →Key Facts Comparison
| Fact | Glendale | Tempe |
|---|---|---|
| State Preemption | Ariz. Rev. Stat. 9-461.18 (HB 2720) | - |
| Owner-Occupancy | Not required | - |
| Glendale Code Amendment | Dec 10, 2024 | - |
| Investor Use | Permitted | - |
| Occupant Limits | Cannot be city-restricted beyond IBC load | - |
| HOA Restrictions | Limited by state preemption | - |
| Status | - | Not required (HB 2720 preempts) |
| State Statute | - | ARS 9-461.18 |
| Both Units Rentable | - | Yes |
| HOA Layer | - | Light but present (The Lakes, Warner Ranch) |
| HOA Statute | - | ARS 33-1817 |
Highlighted rows indicate differences between cities.
Glendale FAQ
Does Glendale require me to live on the property to have an ADU?
No. Arizona Revised Statutes section 9-461.18 (HB 2720) prohibits Glendale from requiring owner-occupancy as a condition for building or operating an accessory dwelling unit. Glendale's December 10, 2024 amendments to the Uniform Development Code implement this preemption. Investor-owners may build and rent both the main house and the ADU.
Can my Glendale HOA enforce owner-occupancy for ADUs?
HB 2720 (Ariz. Rev. Stat. 9-461.18) substantially limits HOAs from blocking ADUs that comply with state by-right standards. Older recorded covenants may be partially preempted; consult an Arizona real estate attorney for a specific covenant analysis.
Tempe FAQ
Does Tempe require owner-occupancy for ADUs?
No. Under Arizona HB 2720 (ARS 9-461.18), Tempe is preempted from requiring the property owner to live on-site as a condition of ADU permits or use. Both the main house and the ADU may be rented to separate tenants.
Can my Tempe HOA require me to live on-site to have an ADU?
Possibly, depending on your CC&Rs. ARS 33-1817 limits HOA provisions that effectively prohibit lawfully created ADUs, but reasonable architectural review and use restrictions may apply. Review your specific CC&Rs and consult an attorney before relying on or contesting an HOA owner-occupancy provision.
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